Workers’ Compensation Bill Under Scrutiny

An Ohio policy research group is
criticizing a local state senator’s “anti-immigrant bill.” If passed,
S.B. 323, proposed in April by Republican Ohio Sen. Bill Seitz, would
require workers to prove their legal status to work before receiving
workers’ compensation, but Innovation Ohio says the bill reaches too far
to solve a problem that might not even exist.

The bill was discussed at a Senate
Insurance, Commerce and Labor Committee hearing on Nov. 27. At the
hearing, supporters argued the bill would stop compensating illegal
workers who aren’t supposed to be in Ohio to begin with. But opponents
argue that the details in the bill add too many extra problems.

In fact, the bill might be going after a
problem that doesn’t even exist. At an earlier hearing, Seitz said the
state does not collect data on the immigration status of workers
receiving compensation.

To Brian Hoffman of Innovation Ohio, this means
there’s no way to know if the Ohio Bureau of Workers’ Compensation (BWC)
has ever compensated a single undocumented worker. “It just seems
curious that this bill is being introduced and has gotten three hearings
when there’s no proof that it’s actually even an issue,” he says.

Hoffman is also worried that the bill is
imposing a new regulatory burden on BWC without providing additional
funds. In his view, the state agency is essentially being told to do
more without additional resources to prepare or train regulators.
Considering how complicated the immigration issue can get, this makes
Hoffman doubt the agency will be able to properly carry out the new
regulations.

From a broader perspective, the bill
imposes regulatory hurdles on all injured workers just so they can get
compensation they’re entitled to under state law. “Talk about kicking
someone when they’re down,” Hoffman says.

But the burden could hit Hispanics even harder and lead to more discrimination in the workplace.

In Hoffman’s view, the state should leave
immigration issues to the federal government and worry about more
pressing issues: “Why is the state legislature even wasting its time on
the issue? There are plenty of really good ideas to bring jobs back to
Ohio. Why aren’t they focused on those?”

The bill is still in committee, but it’s
been the subject of multiple hearings. It’s unlikely the Ohio Senate
will take it up in what’s left of the lame-duck session, but it could
come back in the next year.

CityBeat was unable to reach Seitz
for comment despite repeated attempts through phone and email, in
addition to a scheduled interview that was canceled.